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Beyond a will: How an estate planner was able to respect his father’s final wishes
Knowing what his dad wanted underscores the importance of having legacy conversations early
Estate planner Bernard Chan shares that only acting after unfortunate life events often holds people back from being more proactive about legacy planning.
PHOTO: THARM SOOK WAI
Jeremy Theseira, Brand Newsroom
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Mr Bernard Chan’s father struggled to breathe and was no longer able to speak when he was hospitalised in 2017 for a terminal lung disease.
No words were necessary. The family knew exactly what the 79-year-old patriarch wanted.
No words were necessary. The family knew exactly what the 79-year-old patriarch wanted.
“He didn’t want to prolong medical treatments,” says the younger Mr Chan, 46. “He wanted to pass away peacefully at home. So we made a very clear decision to discharge him from the hospital.”
Together with his three siblings, Mr Chan cared for his father at home for two days before he died in June that year.
The elder Mr Chan’s request was stated in the Advance Care Plan (ACP) he made six months before he was hospitalised. Having grappled with the disease since 2000, his worsening condition prompted him to do so.
His daughter, 55, a staff nurse and ACP facilitator, helped draft and register his ACP in the National Electronic Health Records.
An ACP allows people to document their healthcare preferences, and appoint a trusted person to communicate their preferences to doctors and healthcare providers if they lose the ability to decide for themselves.
Mr Chan, an investment adviser who has specialised in estate planning since 2009, is familiar with such medical care options.
The knowledge prompted the father of three to practise what he has long preached to his clients – plan when you’re healthy, and to do so early.
Feeling compelled to do “what needs to be done”, he made his own ACP in 2022, along with a Lasting Power of Attorney (LPA) – a legal document that appoints a trusted person as a donee, to make decisions on his behalf if he loses his mental capacity, such as from medical conditions like dementia, or an accident.
“In encouraging my clients to do so, it would be more genuine and real to have done it myself,” says Mr Chan. “Better to show them that I’ve gone through the process, put it in pen and paper, and got it done.”
More on legacy planning
- Securing her wishes early: She thought a will and CPF nomination would be enough, but realised gaps in her legacy planning after learning about the role of a Lasting Power of Attorney (LPA).
- More planning ahead: Greater awareness of legacy planning and caregiving responsibilities has led to more LPAs being made by those under 50, increasing from 2 per cent in 2010, to 24 per cent this year.
Legacy gaps
Despite his expertise, Mr Chan admits that he didn’t act until his father’s death, aside from making a Central Provident Fund (CPF) nomination in 1999, and drafting a will in 2010.
The former states how one’s CPF savings will be distributed upon death, while the latter is a legal document that outlines how a person’s estate assets, such as property and money, will be distributed.
Many of his clients only take action after similar experiences, with most of them aged 60 and above, says Mr Chan, who manages their financial and property assets after they die. “Those younger may see themselves as healthy, and don’t see an immediate need.”
Isn’t doing a CPF nomination and having a will enough in legacy planning? No. “These only take effect after your death,” he explains, “but there’s still a phase to manage if you lose the mental capacity to make decisions when you’re still alive.”
Findings from a survey by UK-based market research firm YouGov support this view. Of the 1,031 Singapore residents polled in April, 60 per cent have drafted a will as part of their legacy planning, while only 19 per cent have made an LPA.
But the numbers are growing, especially among those above 50 years old. In the last 15 months, the number of LPAs made among this age group rose from 177,000 to 233,000 – inching closer to the Government’s goal of 240,000 by the end of 2025.
Across all age groups, 50,000 ACPs have been made to date, according to the Ministry of Health.
Why should both be in place? Mr Chan puts it simply: In making decisions on your behalf, “the LPA provides the ‘who’, while the ACP entails the ‘how’, providing a clearer picture of your legacy planning for your loved ones.”
5 steps to make an ACP
#1 Think about your healthcare preferences
- Reflect on your values and wishes, and consider activities or experiences that are important for your quality of life
- Decide on the extent of medical care you are comfortable to receive, and elements of care to prioritise
#2 Prepare your ACP
- Use the online form, and find an Advance Care Plan (ACP) facilitator at the MyLegacy@LifeSG portal (go.gov.sg/planlegacytoday). An ACP facilitator is certified by the Agency for Integrated Care to have discussions about healthcare preferences
- Appoint up to two people you trust to speak on your behalf as Nominated Healthcare Spokespersons (NHS), when you are no longer able to make decisions or speak for yourself
- It is recommended for your NHS and donee(s) in your Lasting Power of Attorney to be the same, to reduce conflicting decisions among family members
#3 Register your ACP
- An ACP facilitator will register it in the National Electronic Health Records after completing discussions with you
- While making an ACP is free, some ACP providers may charge a nominal service fee. Do check with respective providers.
#4 Share with loved ones
- Add your NHS as a Trusted Person on the MyLegacy@LifeSG portal to share a copy of your latest ACP
- You may also share your healthcare preferences with other loved ones
#5 Review your ACP
- Update your ACP regularly to ensure that it reflects your most current preferences
Family first
Beyond addressing the “technicalities” arising from one’s loss of mental capacity, Mr Chan shares a far greater purpose in making an LPA and ACP: It allows the family to “soften the grief and emotional aspects”.
In the absence of such documents, “conflicting perspectives among family members make decisions hard to reach,” says Mr Chan. “These can go on for long periods of time, adding to an already difficult situation.”
But this, he says, can be avoided by having these conversations among family early. “Having these discussions is not solely about the negatives, but bringing out personal values, and realising what is important, beyond money and material possessions.”
Mr Chan shares: “In my dad’s ACP discussions, he talked about how we came together for Chinese New Year, and wanted more opportunities to do so.
“Simply having more family dinners was another way to respect his wishes.”
- Plan your legacy today. Head to go.gov.sg/planlegacytoday to learn more about the Lasting Power of Attorney, Advance Care Plan and other legacy planning tools at MyLegacy@LifeSG.
This is the second of a three-part series, produced in partnership with the Ministry of Social and Family Development, Public Service Division, Agency for Integrated Care and Ministry of Health
